90-7-211. Necessary expenses -- fees. (1) All expenses of the authority incurred in carrying out the provisions of this chapter are payable solely from funds provided under the authority of this chapter, and no liability may be incurred by the authority beyond the extent to which money has been provided under this chapter, except for the purposes of meeting the necessary expenses of initial organization and operation and until such date as the authority derives money from funds provided under this chapter. The authority may borrow money for necessary expenses of organization and operation. Such borrowed money must be repaid within a reasonable time after the authority receives funds provided for under this chapter.
     (2) When an application is made to the authority by any participating health institution for financial assistance to provide for its facilities, the application may be accompanied by an initial planning service fee in an amount determined by the authority. Such initial planning service fee may be included in the cost of the facilities to be financed and is not refundable by the authority, whether or not any application is approved. In addition to the initial fee, an annual planning service fee may be paid to the authority by each participating health institution in an amount determined by the authority. The annual planning service fee may be paid on such dates or in installments as may be satisfactory to the authority. The fees must be used for:
     (a) necessary expenses to determine the need for facilities in the area concerned, and to that end the authority may utilize recognized voluntary and official health planning organizations and agencies at local, regional, and state levels;
     (b) necessary administrative expenses; and
     (c) reserves for anticipated future expenses.
     (3) The authority may, for a negotiated fee, retain the services of any other public or private person, firm, partnership, association, or corporation for the furnishing of services and data for use by the authority in determining the need for and location of any eligible health facility for which application is being made or for such other services or surveys as the authority considers necessary to carry out the purposes of this chapter.

     History: En. Sec. 20, Ch. 703, L. 1983.